Adam v. Canada ( Minister of Citizenship and Immigration )
IMM-5090-97
Nadon J.
23/12/98
13 pp.
Application for judicial review of decision of Post Claim Determination Officer (PCDO) refusing to consider application under Post-Determination Refugee Claimants in Canada class (PDRCC) as application filed beyond statutory time limit-Applicant citizen of Somalia-Claimed refugee status, refused on July 7, 1997-Immigration and Refugee Board finding applicant had Internal Flight Alternative-PCDO advising applicant PDRCC application refused as not submitted within required time, that is 15 days after notification of determination by Refugee Division under Immigration Regulations, s. 11.4(2)(b)-Applicant reporting for removal on January 15, 1998, now residing in U.S.A. awaiting possibility of returning to Canada-PCDO having no discretion, inherent or otherwise, to extend time limits for PDRCC application-Applicant submitting Regulations, ss. 11.4(2)(b), 11.4(3)(b) in violation of Charter, s. 7-Failed to establish rights under Charter, s. 7 breached as all legislative avenues not exhausted-Impugned decision administrative in nature, as such not subject to Charter scrutiny-Not extraordinary case so as to justify setting aside of impugned decision-Application dismissed-Two questions proposed by applicant certified-Immigration Regulations, 1978, SOR/78172, ss. 11.4(2)(b) (as enacted by SOR/97-182, s. 5), 11.4(3)(b) (as enacted idem)-Canadian Charter of Rights and Freedoms, being Part I of the Constitution Act, 1982, Schedule B, Canada Act 1982, 1982, c. 11 (U.K.) [R.S.C., 1985, Appendix II, No. 44], s. 7.